08 LC 29
3373S
The
House Committee on Judiciary Non-civil offers the following substitute to SB
421:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to
the crime of knowingly manufacturing, selling, or distributing false
identification documents, so as to change the penalties for such offense based
upon the age of the person convicted and the nature of the crime; to provide for
related matters; to provide an effective date; to provide for applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-9-4 of the Official Code of Georgia Annotated, relating to the crime
of knowingly manufacturing, selling, or distributing false identification
documents, is amended by revising subsection (c) as follows:
"(c)(1)
Except as provided in paragraph (2) or (3) of this subsection, any person who
violates the
provisions of paragraph (1),
(2),
(3), or (6) of subsection (b) of this Code section shall be guilty of a
misdemeanor.
(2)
Except as
provided in paragraph (3) of this subsection,
any
Any
person who violates
the provisions
of paragraph
(2)
(1),
(3), or (6) of subsection (b) of this Code section for the second or any
subsequent offense shall be guilty of a felony and shall be punished by a fine
of not more than $25,000.00 or by imprisonment for not more than three years, or
both.
(3)
Except as
provided in paragraph (5) of this subsection,
any
Any
person who manufactures, alters, sells, distributes, delivers, receives,
possesses, or offers for sale or distribution three or more identification
documents in violation of
the provisions
of subsection (b) of this Code section
shall be punished by imprisonment for not less than three nor more than ten
years, a fine not to exceed
the amount
specified by Code Section 17-10-8
$100,000.00,
or both.
(4)
Except as
provided in paragraph (3) or (5) of this subsection,
any
Any
person who violates
the provisions
of paragraph
(2),
(4),
or (5) of subsection (b) of this Code section shall be punished by imprisonment
for not less than one nor more than five years, a fine not to exceed
the amount
specified by Code Section 17-10-8
$100,000.00,
or both.
(5)
Any person who is under 21 years of age and violates the provisions of
subsection (b) of this Code section for the purpose of the identification being
used to obtain entry into an age restricted facility or being used to purchase a
consumable good that is age restricted, shall, upon a first conviction thereof,
be guilty of a misdemeanor and upon a second or subsequent conviction shall be
punished as for a misdemeanor of a high and aggravated nature.
(5)(6)
Any person convicted of an attempt or conspiracy to violate
the provisions
of subsection (b) of this Code section
shall be punished by imprisonment, by a fine, or by both such punishments not to
exceed the maximum punishment prescribed for the offense the commission of which
was the object of the attempt or conspiracy."
SECTION
2.
This
Act shall become effective on July 1, 2008, and shall apply to all offenses
committed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.